Beaten Baby Unlikely To Survive; Father Faces More Charges

NORTH MIAMI (CBSMiami) – A four-month-old boy who was allegedly beaten by his father is being kept alive by a ventilator and unlikely to survive, a prosecutor told a judge Wednesday.

A judge increased Yosi Mahlab's bond from $200,000 to no bond and added more charges against him including two more child abuse charges and one count of  attempted first-degree murder.

During the hearing, Mahlab told the judge, "I did not beat my child."

Prosecutors, however, say Mahlab not only beat the child, but also waited 30 minutes to call 911 after the alleged beating.

"The reason why this child was so egregiously harmed was because he struck this child over the head a couple of different times," said Prosecutor Laura Adams."We learned also though he failed to call 911 after the child was harmed so badly and after the child stopped breathing. He did not call 911 for about 30 minutes. That delay in time caused a lot of brain damage to this child."

In an earlier interview, the infant's mother and aunt told CBS4's Peter D'Oench that they are devastated.

"It's so so sad for me," said Mary Chery, the aunt of Tavon Mahlab. "This baby was only 4-months-old. It's terrible. It's terrible."

D'Oench spoke with Chery inside the 3rd floor apartment at 690 N.E. 123rd Street where an arrest says the incident happened.

The affidavit said the baby's father, Yosi Mahlab, called 911 last Saturday morning to report that his son was unconscious.

"He has a lot brain damage," Chery told D'Oench. "I feel so so bad for him because I loved him so much. My heart aches for him."

The child was transported to Jackson Memorial Hospital where X-rays showed the infant had a fractured skull, subdural bleeding, retinal hemorrhage and bleeding on the brain.

"He's being kept alive by life support machines at this point, judge, the mother is not quite ready to say goodbye to our child however we've already put into place mechanisms by which this child will be able to be an organ donor for other children and so that this life will not be completely lost in vain," Adams told the judge in court.

"It seems to have been deliberate and a deliberate attempt to try to kill somebody," said Judge Migna Sanchez-Llorens.

The affidavit said the father admitted to hitting his son "with force in the face twice." After the child was hit for a second time, he fell off the father's lap and hit his head on a nightstand.

Mahlab has been charged with aggravated child abuse.

"I am in double shock," said Claire Chery, the mother of the infant. "I am with him at his side in the hospital and I am praying for him. The father never did anything like this before."

Chery told D'Oench, "I want to see justice done. If he could do this to our baby, he could harm me as well. My baby is critical in intensive care and I am so sad."

In an earlier court appearance, Mahlab's brother-in-law also appeared in court along with Mahlab's sister and asked the judge that Mahlab be given a psychological evaluation.

"We know that what he did deserves punishment," said the brother-in-law, "but we want to see him evaluated by a psychologist."

D'Oench asked the aunt if she had any idea how this assault could have happened. She told him, "I don't know anything about it, nothing at all."